Court-Martial Trial Practice Blog

Shhhuuuuuuuuuuuush

February 7, 2011 | The Law Office of Philip D. Cave

Wired in its “Danger Room” blog has this.

Last week, the Air Force Material Command’s lawyers warned that airmen who read the purloined classified cables on their home computers — not even government owned or issued devices — could be prosecuted for “dereliction of duty.” And that’s just for starters. ****** viewership could mean “prosecution for violation of espionage under the Espionage Act.”

“DO NOT access the W**** information on government or personal computers;” the command’s legal staff urged, “DO treat the leaked material like any other content assumed to be classified.”

Wounded (?) warriors

February 7, 2011 | The Law Office of Philip D. Cave

The Pittsburgh Tribune-Review has this report about the WTU.

The Army’s special medical units should be healing more than 9,300 soldiers entrusted to their care.

But a nine-month probe by the Tribune-Review found America’s sick and injured soldiers must struggle to mend inside 38 Warrior Transition units the Army has turned into dumping grounds for criminals, malingerers and dope addicts.

Shaken baby syndrome [update]

February 7, 2011 | The Law Office of Philip D. Cave

Thanks to Sentencing Law & Policy here is an interesting article about shaken baby syndrome. The author of the New York Times article delves into the “science” behind the “syndrome,” the emotional zealotry, and the personal motives alleged against both sides of the medical debate.

I have a prior post here, and here.

Up periscope

February 5, 2011 | The Law Office of Philip D. Cave

Marine Corps Times reports:

Col. Robert G. Petit, commander of the 24th Marine Expeditionary Unit at Camp Lejeune, N.C., was relieved of command Saturday following his arrest a week ago in connection with a theft at Walmart in Jacksonville.

Here is a link to my prior post and post here on Wil Cupchik and his thought about why honest people steal.

Up periscope

February 4, 2011 | The Law Office of Philip D. Cave

Fayobserver reports:

Timothy Hennis’ trial record is now in the hands of Maj. Gen. Rodney Anderson, Fort Bragg’s acting commanding general, a Fort Bragg spokeswoman said Friday.

Hennis’ attempt at a new court-martial was denied late last month by a military judge, meaning his case now moves to Fort Bragg’s commanding general for review.

Up periscope 117

February 3, 2011 | The Law Office of Philip D. Cave

Fayobserver observes:

A military judge has denied Timothy Hennis’ request for a new trial.

NorthestNavigator reports:

Up periscope 116

February 3, 2011 | The Law Office of Philip D. Cave

Navy Times reports:

The Navy says it’s discharging 16 Sailors assigned to the amphibious ship Bataan for using or dealing the banned synthetic drug Spice.

Honolulu Star Advertiser reports:

You are lying, you are a liar!

February 1, 2011 | The Law Office of Philip D. Cave

Evan Schaeffer at illinoistrialpractice.com has this post:

In the new book, Your Witness: Lessons on Cross-Examination, there is a chapter titled "Cross-Examining the Liar" by Chicago lawyer Dan Webb.

Webb, who has cross-examined scores of liars during his long career, begins the chapter by describing the two requirements that must be present before you even begin to think about trying to take on a liar at trial–

Preservation of the issue

February 1, 2011 | The Law Office of Philip D. Cave

Thanks to federalevidencereview.com here is an interesting case about preserving the issue for appeal. In this case there was a pretrial motion and the judge denied the defense its requested relief.

The government claimed the plain error standard would apply, as at trial the defendant failed to preserve the issue for appeal.

The Tenth Circuit disagreed that plain error applied to the issue. The circuit noted that while the matter did not develop at trial, it had been the subject of a motion in limine by the defendant. The trial court rejected the motion in limine. The circuit noted a standard that applied in the circuit to whether a party’s actions were sufficient to preserve the issue for appeal. In doing so, the court noted FRE 103(a), which relieves a party from having to renew an object at trial if the court had previously made "a definitive ruling on the objection." FRE 103(a).

Up periscope 115

February 1, 2011 | The Law Office of Philip D. Cave

Navy Times reports:

The command master chief of the Japan-based destroyer Stethem has been fired after being arrested in connection with a drunken-driving incident, according to a 7th Fleet spokesman.

The relief of Command Master Chief (SW/AW) Kelvin Coleman on Jan. 22 marks the second firing of a command’s top enlisted sailor so far this year. Both firings were related to drunken driving.